Location United States of America | ||
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Citation(s) 444 US 672 (1980), [1980] USSC 24 Court Supreme Court of the United States | ||
National Labor Relations Board v Yeshiva University, 444 US 672 (1980) is a US labor law case, concerning the scope of labor rights in the United States.
Contents
Facts
The Yeshiva University Faculty Association (a labor union) asked the National Labor Relations Board to be certified as the official bargaining agent for teaching and professorial staff at Yeshiva University. University management argued that the staff should not qualify as "employees" under the National Labor Relations Act 1935 §2(11) as they had sufficient supervisory authority. The staff contended that, while they managed their teaching and curriculum, they did not have effective authority over managerial power.
Judgment
A majority of the Supreme Court, 5 to 4, held that full time professors in a university were excluded from collective bargaining rights, on the theory that they exercised ‘managerial’ discretion in academic matters. Powell J delivered the majority opinion, which Burger CJ, Stewart J, Rehnquist J and Stevens J joined.
Brennan J dissented (joined by Marshall J, White J and Blackmun J). He pointed out that management was actually in the hands of university administration, not professors.